A.Violations by judges. Violations of any of the rules of the Code of Judicial Conduct by judges shall be investigated, proceeded upon, and disposed of by the Judicial Standards Commission in accordance with its authority and rules of procedure, and by the Supreme Court of New Mexico acting under its powers of contempt and superintending control. Judges shall comply with all rules, requirements, and procedures of the Judicial Standards Commission, shall cooperate with the Judicial Standards Commission in the performance of its functions, and shall comply with all laws applicable to judicial office.B.Violations by non-judge candidates for judicial office. Violations of any of the rules of the Code of Judicial Conduct by persons who are members of the bar shall be deemed to constitute violations of the Rules of Professional Conduct, and shall be investigated, proceeded upon, and disposed of by the Disciplinary Board of the Supreme Court in accordance with its authority and rules of procedure, and by the Supreme Court of New Mexico acting under its powers of contempt and superintending control. Violations of the rules by candidates who are not lawyers are within the superintending control of the Supreme Court, and may be grounds for petitioning the Supreme Court for relief by way of mandamus, injunction, or other equitable relief to require compliance and rectify non-compliance.C.Challenges of violations in election campaigns. A candidate may bring an action to challenge a violation by the candidate's opponent of Rules 21-401 and 21-402 NMRA occurring in election campaigns for judicial office. (1)Filing and venue. In election campaigns for the Supreme Court and Court of Appeals, by filing a complaint in the district court for Santa Fe County. In election campaigns for district, metropolitan, magistrate, municipal, and probate courts, by filing a complaint in the district court of the county in which the complainant or the defendant resides, but only within the judicial district where the election is to occur. The complainant shall serve all parties within three (3) days after filing the action. If available, any statement, advertisement, or publication alleged to constitute a violation shall be filed with the complaint.(2)Standing; parties. Violations by a candidate or by a candidate's campaign committee can be challenged by an opposing candidate. The alleged violator shall be joined as a defendant and shall be served forthwith in person with the complaint, summons, and notice of hearing when issued. A candidate who has not been joined as a party may intervene in the proceeding by filing a notice of intervention and a response to the complaint within the time required by this rule.(3)Hearing. The complaint shall be heard by the district court without a jury within ten (10) days after the action is filed, unless the time is extended for good cause. Peremptory challenges to the district judge shall be filed by the complainant within three (3) days after the action is filed and by a defendant within three (3) days after service of process on that defendant. The district court shall enter its decision, findings of fact, and conclusions of law, within not more than three (3) days after the hearing is completed. The decision of the district court shall constitute a final judgment immediately upon entry.(4)Remedies. The district court is authorized to issue any order provided by the Rules of Civil Procedure for the District Courts and any remedial decrees for cessation of violations, retractions, corrective publications, or other relief as may be reasonably required to rectify the effects of the violation. The district court may also refer any violation to the Judicial Standards Commission or the Disciplinary Board of the Supreme Court for additional action.(5)Discovery. Any documentary or demonstrative evidence to be offered at the hearing shall be exchanged by the opposing parties as ordered by the district court, and in any case not less than twenty-four (24) hours prior to the commencement of the hearing. Discovery shall not delay the hearing on the merits, but wrongful refusal, obstruction, or delay in discovery may be sanctioned in the discretion of the district court. The parties may, by subpoena, require the appearance of witnesses and the production of evidence at the hearing. The district court may allow oral testimony to be admitted telephonically.(6)Appeals. Appeals shall be taken directly to the Supreme Court of New Mexico pursuant to the provisions of Rule 12-603 NMRA of the Rules of Appellate Procedure.(7)Other rules applicable. The Rules of Civil Procedure for the District Courts, Rules of Appellate Procedure, and Rules of Evidence shall apply unless inconsistent with this rule.(8)Other proceedings. The jurisdiction of the Judicial Standards Commission, the Supreme Court, and the Disciplinary Board to hear violations of the Code of Judicial Conduct is not affected by this paragraph.D.Violations by hearing officers and special commissioners. Violations of any of the applicable rules of the Code of Judicial Conduct by a hearing officer or special commissioner shall be addressed by the chief judge of the judicial district in which the hearing officer or special commissioner is employed. Any such violation shall be treated as an employment matter and may result in discipline up to and including dismissal. In addition, the Supreme Court and the Disciplinary Board retain jurisdiction to hear violations of the Code of Judicial Conduct by hearing officers and special commissioners.N.M. Code. Jud. Cond. 21-406
Adopted by Supreme Court Order No. 11-8300-045, effective 1/1/2012; as amended by Supreme Court Order No. 15-8300-013, effective 12/31/2015.Committee commentary. -
[1] Rule 21-406 NMRA governs violations of the Code of Judicial Conduct by both judges and judicial candidates.
[2] Judges are required to cooperate with the Judicial Standards Commission or the Supreme Court in the course of their investigations of alleged judicial misconduct. The failure to do so is a violation of Rule 21-406 NMRA.
[3] Judicial candidates are also subject to certain provisions of the Code of Judicial Conduct. Violations by members of the bar are deemed violations of the Rules of Professional Conduct and subject the violator to discipline.
[4] Rule 21-406 NMRA also provides a detailed procedure to obtain an expedited judicial review of alleged violations of the Code during election campaigns. The expedited review recognizes the importance of maintaining the integrity of the election process by swiftly resolving allegations of misconduct.
Judicial candidates may also be subject to other requirements imposed by law that implicate ethical considerations including the Voter Action Act, NMSA 1978, Sections 1-19A-1 to -17, for judicial candidates who have elected public financing, and the Campaign Reporting Act, NMSA 1978, Sections 1-19-25 to -36.
[5] Certain provisions of the Code are applicable by statute to hearing officers and special commissioners as a condition of their employment by the judicial branch. See NMSA 1978, § 40-4B-4 (child support hearing officers); id. § 40-13-9 (domestic violence special commissioners); see also Rule 21-004(C) NMRA. However, hearing officers and special commissioners are not subject to the jurisdiction of the Judicial Standards Commission, which is limited to matters that involve a "justice, judge or magistrate." See N.M. Const. Art. VI, § 32; NMSA 1978, § 34-10-2.1. Thus, Paragraph D provides that violations of the Code by a hearing officer or special commissioner shall be addressed as an employment matter by the chief judge of the judicial district in which the hearing officer or special commissioner is employed.
[Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012; as amended by Supreme Court Order No. 15-8300-013, effective December 31, 2015.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-013, effective December 31, 2015, provided for additional procedures to address violations of the Code of Judicial Conduct by non-judge candidates for judicial office, hearing officers, and special commissioners; in Paragraph A, in the heading, after "Violations by", deleted "incumbents" and added "judges"; in Paragraph B, in the heading, after "Violations by", added "non-judge", and after the heading, deleted "All candidates for judicial office shall comply with Rules 21-401, 21-402, 21-403, 21-404, or 21-405 NMRA of the Code of Judicial Conduct.", in the present first sentence, after "Violations of", deleted "those" and added "any of the", after "rules", added "of the Code of Judicial Conduct", after "Professional Conduct", added "and shall be investigated, proceeded upon, and disposed of by the Disciplinary Board of the Supreme Court in accordance with its authority and rules of procedure, and by the Supreme Court of New Mexico acting under its powers of contempt and superintending control.", and in the present second sentence, after "Violations of", deleted "those" and added "the"; added Paragraph D; and in the committee commentary, added Paragraph [5] and made stylistic changes. Recompilations. - Pursuant to Supreme Court Order No. 11-8300-045, the former Judicial Code of Conduct was recompiled, effective January 1, 2012. See the table of corresponding rules for former rule numbers and the corresponding new rule numbers.